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Question: I have a question about a home owned as joint tenants with rights of survivorship in Florida. I purchased a home with my parents in March last year as joint tenants with rights of survivorship. The deed lists ownership as Last Name, Mom and Dad, and Last Name, Me. The home was to be my and my son’s residence, and their name was to be on the deed to prevent my ex-husband from taking the home in the event I passed before my son turned 18. However there was a disagreement shortly after. Now they are telling me they are majority owners and they can come change the locks and kick me out, and they drive by the house constantly to make sure I am alone in the home (I am). Today, my father demanded a key to the house (he has one - this was a threat because they claim they’re going to come unannounced whenever they please - it’s a control tactic). I'm wondering if they are correct in being majority owners and if they can actually lock me out?
In Florida, when two or more people own property jointly in a tenancy with rights of survivorship, each joint tenant owns an equal share of the property. This means that all joint tenants have equal rights to use and enjoy the property. Therefore, your parents do not have the right to lock you out of the home or demand a key if they do not also live in the home. If they are attempting to control and intimidate you, you may want to consider speaking to a lawyer about your rights as a joint tenant.
Feb. 14, 2023, 8:07 a.m.
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